A written testament subscribed by the testator and made in a foreign country, or in another state, or a territory of the United States, in a form not valid in this state, but valid under the law of the place where made, or under the law of the testator's domicile, may be probated in this state by producing the evidence required under the law of the place where made, or under the law of the testator's domicile, respectively.
Art. 2888.Foreign Testament
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2888 lets a written testament made outside Louisiana in a form invalid here, but valid where it was made or under the testator's domicile, be probated in Louisiana using the proof the law of that other place or that domicile requires.
Full Text of Art. 2888
Plain-English Summary
Testaments made outside Louisiana do not always match Louisiana's own formal requirements. A will drafted under another state's, or another country's, formalities might not qualify as any of the testament forms Louisiana recognizes, even though it was valid where it was made.
Article 2888 keeps that mismatch from voiding an otherwise legitimate testament. A written testament, signed by the testator, made in a foreign country, another state, or a United States territory, in a form that Louisiana law does not recognize but that was valid where made, or valid under the law of the testator's domicile, can still be probated in a Louisiana court.
The proof required follows the same foreign law that validated the testament in the first place. The petitioner produces the evidence the law of the place where the testament was made, or the law of the testator's domicile, would require to prove it up there, rather than trying to force the foreign testament into one of Louisiana's own proof categories under Articles 2883 through 2887.
Frequently Asked Questions
Can a will made in another state be probated in Louisiana even if it doesn't meet Louisiana's testament formalities?
Yes, if it was valid where it was made or under the testator's domicile. Article 2888 allows a foreign testament to be probated in Louisiana on that basis.
What proof is needed to probate a foreign testament?
The evidence required under the law of the place where the testament was made, or under the law of the testator's domicile, rather than Louisiana's own testament-specific proof rules.
Does Article 2888 cover testaments made in other countries, or only other U.S. states?
Both. It covers testaments made in a foreign country, another state, or a territory of the United States.
Why does Louisiana recognize testaments that don't meet its own formal requirements?
To honor a testator's wishes when the testament was validly executed under the law that governed its making, rather than penalizing it for not anticipating Louisiana's own formalities.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: foreign will probate LouisianaArticle 2888 Louisianaout-of-state will valid in Louisianaprobating a testament made in another countryforeign testament formalities Louisiana